LessonsCapstone Practice: Diagnosing Legal Reasoning Errors and Weighing EvidenceQuiz

An opponent of analogy may raise denial of the attribute (manʿ al-waṣf): “The proposed operative attribute is not established in the original case.” Alternatively, denial of the ruling (manʿ al-ḥukm) says: “The alleged legal ruling of the original case is unproved.”

In a hypothetical analogy relying on intoxicating effect, denying that the original item is intoxicating challenges the attribute. Denying the legal prohibition attributed to the original challenges the ruling.

Error: Answering both challenges merely by explaining why intoxication could be a suitable cause. The first requires proof of the attribute; the second requires proof of the original ruling.

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Challenge the attribute or the ruling?

Capstone Practice: Diagnosing Legal Reasoning Errors and Weighing Evidence

An opponent of analogy may raise denial of the attribute (manʿ al-waṣf): “The proposed operative attribute is not established in the original case.” Alternatively, denial of the ruling (manʿ al-ḥukm) says: “The alleged legal ruling of the original case is unproved.”

In a hypothetical analogy relying on intoxicating effect, denying that the original item is intoxicating challenges the attribute. Denying the legal prohibition attributed to the original challenges the ruling.

Error: Answering both challenges merely by explaining why intoxication could be a suitable cause. The first requires proof of the attribute; the second requires proof of the original ruling.